First Final Ruling in Spain Recognizing Paid Parental Leave to Care for a Child

The Administrative Court No. 1 of Cuenca has issued the first final ruling in Spain recognizing paid parental leave to care for a child. The ruling, which cannot be appealed, supports a healthcare worker at the “Virgen de la Luz” hospital in Cuenca who, in October of last year, requested a four-week parental leave to care for her 8-year-old child. This judicial resolution adds to the only other one previously issued in Spain, in December 2024, for a worker at the Barcelona City Council, although it is not yet final as it has been appealed by the council.

In both cases, the Central Independent and Public Employees’ Union (CSIF) represented these workers in court. In the case of the Cuenca hospital worker, despite a European directive recognizing up to 8 weeks of paid parental leave, the Integrated Care Management of Cuenca denied this right, citing the “lack of regulatory development” of the European directive in Spanish legislation.

However, the Cuenca court’s ruling states that “the provisions of the European directive are unconditional, sufficiently clear and precise, and parental leave must be paid.” It also adds that “the applicant should not suffer the consequences of the delay in the regulatory development of the directive.” Additionally, the ruling orders the Castilla-La Mancha Health Service (SESCAM) to compensate the doctor for moral damages resulting from the denial of leave with the salary she would have received during the four weeks of the requested leave.

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According to Ángela Esteban, head of CSIF’s legal services in Castilla-La Mancha, “this ruling represents another setback for the Government, which must issue appropriate instructions on the mandatory nature of this remuneration, both in public administrations and in the private sector, and opens the door to numerous claims across public administrations and private companies.”

The union also highlights that the judicial resolution is another step towards achieving real equality between men and women, as “if both parents have access to paid leave, it reduces the disproportionate burden on women, who often take on most of the childcare responsibilities, leading them to reduce their working hours or leave the workforce, in addition to reducing the gender pay gap that women suffer when they interrupt or reduce their professional careers due to family responsibilities.”